Mr N Allen v Riatex Ltd Heard : via Cloud Video Platform in the Midlands (East) region — 2021

The claimant, Mr N Allen, brought a claim for arrears of pay / unlawful deduction from wages against Riatex Ltd. He said he had worked for 5.5 days between 26 October 2020 and 4 November 2020, including three days' training and two days' parcel deliveries, and that he had been promised pay at £150 per day. The respondent said the claimant was self-employed and, in evidence from Mr Adam, said its drivers were generally treated as self-employed and paid different daily rates.

Employment Judge Ayre found that the respondent exercised control over the claimant's work, including telling him when to start, where to go, and what route to drive. The tribunal also found that the claimant was required to provide personal service, with no evidence that substitution was permitted, and that there was some mutuality of obligation. The respondent provided the van, fuel, scanning machine, uniform and training, while the claimant provided no tools or financial risk and was not operating a business on his own account.

On that basis, the tribunal found that the claimant was an employee of the respondent. It accepted the claimant's evidence that he had been told at interview that the wages would be between £150 and £220 per day, and that he would be paid the normal rate for training. It rejected the respondent's account insofar as it conflicted with the claimant's evidence, noting that Mr Adam had no personal dealings with the claimant and was relying on general practice rather than the specific arrangement made with him.

The tribunal held that the claimant was entitled to be paid £825 for 5.5 days at £150 per day, less tax and national insurance. Because the respondent had paid him nothing at all for the training or driving work, it had made an unlawful deduction from wages in the sum of £825 and was ordered to pay that amount to the claimant, subject to deductions required by law.